The EB-3 visa is a United States immigrant visa which allows foreign nationals to enter the U.S. for the purpose of working in a permanent, full-time position. It is part of the employment-based visa category and is intended for “skilled workers,” “professionals,” and “other workers.” Here are the distinctions:
- Skilled Workers: Positions that require a minimum of two years of training or
experience. - Professionals: Jobs that require at least a U.S. bachelor’s degree or a foreign
equivalent and are a part of the profession. - Other Workers: Positions that require less than two years of higher education,
training, or experience.
Steps for Obtaining an EB-3 Visa:
- PERM Labor Certification: The employer must obtain a labor certification approval
from the Department of Labor. This involves proving that there are no qualified U.S.
workers available for the job that is offered to the foreign worker. - Form I-140: Once the labor certification is approved, the employer must file Form I-140,
Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services
(USCIS). This form demonstrates that the employer intends to hire the foreign worker
permanently and that they have the means to pay the offered wage. - Visa Petition Approval and Priority Date: After the I-140 is approved, the foreign
worker gets a priority date. They must wait for their priority date to become current,
which depends on their nationality and visa category, as there are annual limits on how
many people can immigrate under certain categories. - Form DS-260 or Adjustment of Status: If the worker is outside the U.S., they will file
Form DS-260, Application for Immigrant Visa and Alien Registration, through a U.S.
consulate. If already in the U.S., they can apply to adjust their status to permanent
resident using Form I-485. - Interview and Medical Examination: Applicants will typically undergo a medical
examination and an interview at a U.S. consulate or embassy. The interview and medical
requirements vary by the applicant's home country and current location. - Visa Issuance: Upon successful completion of all previous steps and approval of the
application, the EB-3 visa is issued, allowing the worker to live and work permanently in
the U.S.
This process can vary slightly depending on specific circumstances, such as the applicant’s
current residence and the specifics of the job opportunity.
Please contact Law Office of Saba Haq Rashid for free 30 minute consultation to understand
your eligibility for Eb3 visa.